AHA Digital Sales Terms of Sale
販売条件
Last Updated May 10, 2024
1. Definitions
AHA: the words “AHA,” "us," "we," "our," “Seller,” and “licensor” refer to the American Heart Association, Inc.
Buyer: includes customers, licensees, and purchasers.
Content: refers to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in a Product.
License: refers to the right granted to you to access course content and Subscriptions.
Product(s): refers to any courses, media, eBooks, books, USBs, training supplies, and other items offered through the Website. References to the Products also include any and all mirror, equivalent, comparable, replacement, substitute, or backup Products we make available to you in digital or electronic form.
(a) Physical Products include items such as, but not limited to, books, DVDs, portable drives such as USB thumb drives, training supplies and other items offered through the Website in physical form.
(b) Digital Products include eLearning courses, media, and eBooks.
i. The AHA does not guarantee continuous access to purchased Digital Products for any specific duration. Access to eLearning courses may remain available for up to 2 years following activation of the course license, unless a different term is specified on the product description page. For any Digital Products purchased on Professional Education Hub, activation of the course license is the date of purchase. Following release of a new edition of a Digital Product, the AHA typically allows access to the previous edition for a transitional period, which may extend for up to a year. This transitional period is intended to offer users adequate time to complete their courses or transition to the new edition. AHA reserves the right to revoke access to Digital Products at any time due to course discontinuation, updates, or any other reason within AHA’s discretion. AHA will inform Users of such changes in a timely manner, allowing for a smooth transition to the latest content.
ii. Premium Digital Products, are defined as those Digital Products sold through Professional Education Hub, including premium eLearning courses, eBooks, and media, which require additional one-time charges not included in free or paid Subscriptions.
(c) Subscriptions are those Products requiring recurring charges to maintain access for a defined duration as specified in the Product description.
Use: refers to direct or indirect access, use, display, viewing, exchange, communication, reproduction, transmission, or receipt of information, either with or without the aid of a machine or device, to, from, or through the Website.
User: encompasses customers, Buyers, and end-users of this site or content. The words "you" and "your" refer to you, the User of the Products.
Website(s): refers to the American Heart Association’s ShopCPR and the Professional Education Hub websites.
2. Order Acceptance and Renewal
(a) Product Ordering: By placing an order for Products on this Website, including the use of an order form for Subscriptions for orders outside the US, you are creating an offer to buy all Products listed in your order. We may choose not to accept any order in our sole discretion. Once the AHA accepts your order, we will send you a confirmation email with your order number and item details.
(b) Automatic Renewal: If your order is subject to automatic renewal, you will be notified during the ordering process. We commit to providing clear and transparent notification regarding the terms of automatic renewal, including any changes to terms or rates, to ensure compliance with global consumer protection standards. The automatic renewal and cancellation terms, as defined in the Product description or provided during the ordering process, are hereby incorporated into this Agreement. Prior to each subsequent renewal, you will be notified of the rate and Terms then in effect. This notice will be delivered to you at the email address you provided during the checkout process. You are responsible for the accuracy of all contact information that you provide to us and for keeping us informed of any pertinent changes to your contact information. To ensure compliance with global regulations, we will obtain your express consent before any automatic renewal where required by local laws. Absent written notice from you, we will continue to communicate with you through the email address you have provided to us.
(c) Subscriptions: Notwithstanding anything elsewhere contained herein, the following terms are specific to Subscriptions:
i. Subscription Term: The term of each Subscription is defined at the time of purchase and in the renewal notice that will be sent prior to the renewal date.
ii. Subscription Units Added Mid-Subscription Term: You may add more subscription units (e.g., seats or collections) to a Subscription during a Subscription term on the Website for orders in the US. For Orders outside of the US, you must use an order form to add Subscription units. The per-unit pricing for those additional Subscription units will be as specified on the order form of the underlying Subscription (or, absent such specification, at the same per-unit pricing as the underlying Subscription pricing), prorated for the portion of that Subscription term remaining at the time the Subscription units are added. Any such additional Subscription units will renew or terminate on the same date as the underlying Subscription. Subscription units relating to a service cannot be decreased during a Subscription term for that service.
3. Prices and Payments
(a) Prices: All prices posted on this site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such price changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes (unless tax exempt documentation is on file with the AHA or as required by specific local regulations) and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Notwithstanding the foregoing, Subscriptions are subject to price changes and will be reflected in their renewal notices.
(b) Payments
i. Credit Cards: Unless otherwise agreed to by us in an agreement signed by both parties, payment must be received by us before our acceptance of an order. We accept American Express, Discover, Mastercard, and Visa for non-invoice purchases under $10,000 US dollars unless otherwise agreed to in writing by the AHA. You represent and warrant that (a) the credit card information you supply to us is true, correct, and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your credit card company; and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes, shipping and handling and fees, if any.
ii. Invoices: When approved for invoice purchasing, Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of such invoice, except for any amounts disputed by Buyer in good faith. Buyer shall make all payments in accordance with the payment methods outlined within the invoice.
iii. Unsatisfactory Account Status: When Buyer is an invoice customer, Buyer shall furnish Seller with statements evidencing Buyer’s financial condition as Seller may, from time to time, reasonably request, and shall notify Seller immediately of any and all events that may have a material adverse effect on Buyer’s business or financial condition. If Seller determines that Buyer’s financial condition or creditworthiness is inadequate or unsatisfactory, then in addition to Seller’s other rights, Seller may without liability or penalty take any of the following actions:
1. 本規約に従い、買い手が売主に支払う全額の支払期日を早める
2. 買い手に現金での前払いを要求する内容を含め、未払金および今後の個別取引に関して本規約に定める支払条件の変更を書面で通知する
3. すでに承諾した未処理の注文書を取り消す
4. 買い手への商品の発送を遅らせる
5. 上記を組み合わせて実施する。
6. Cancel on-going subscriptions and/or deactivate unused products
7. Give, change, or remove a Buyer’s ability to buy through invoice purchases at the Seller’s sole discretion
(c) Late Payments: Except for invoiced payments that Buyer has successfully disputed, if permitted under applicable Law, Buyer shall pay interest on all late payments, at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Regardless of any restrictions on interest under the applicable Law, Buyer shall also reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these terms or at law (which Seller does not waive by the exercise of any rights under these terms), if Buyer fails to pay any amounts when due under these Terms, Seller may (a) suspend the delivery of any Products, (b) reject Buyer’s purchase orders pursuant to these Terms, (c) cancel accepted purchase orders pursuant to these Terms, (d) reject any future purchase orders, and/or ( e) Cancel on-going subscriptions and/or deactivate unused products.
(d) No Setoff Right: Buyer shall not, and acknowledges that it will have no right, under these Terms, any purchase order, any other terms, agreements, document, or law, to withhold, offset, recoup, or debit any amounts owed (or to become due and owing) to Seller, whether under these Terms or otherwise, against any other amount owed (or to become due and owing) to it by Seller, whether relating to Seller’s breach or nonperformance of these Terms, any purchase order, any other agreement between (a) Buyer and (b) Seller, or otherwise.
4. Shipments and Delivery
(a) Physical Products: we will arrange for the shipment of the Physical Products to you if shipping is available to your location. Please check the individual Product page for specific delivery options. Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(b) Digital Products: Digital Products are delivered upon completion of the successful order. However, delivery may be delayed in the event of technical issues. We will make all reasonable efforts to resolve any delays promptly and keep you informed about the status of your order.
5. Returns and Refunds
(a) Return of Products: Returns are processed according to the return policy found on the Website from which the Product was purchased. For Physical Products purchased from ShopCPR, a Return Merchandise Authorization (RMA) # must accompany all returns of physical goods purchased. Should an item in your order require a return, you must contact ShopCPR Customer Support to obtain an RMA # prior to shipping your return. For more details on the return process for products purchased on ShopCPR, please visit ShopCPR Returns. For more details on the return process for products purchased on Professional Education Hub, please visit https://store.education.heart.org/returns
(b) Refund Policies
i. Nonrefundable
1. Subscriptions are generally nonrefundable and nonreturnable. However, you have a 14-day period from the date of purchase during which you may cancel your subscription for a full refund, provided that you have not downloaded or streamed any digital content. After this period, Subscriptions may be cancelled prior to the renewal date as specified in the renewal notification email.
ii. Refundable
1. Limited Right of Refund for Non-Subscription Products: If authorized to return Products under these terms, you will receive a refund of the original purchase price of the item.
After we confirm that a refund is authorized, refunds are processed within approximately five (5) business days of receipt of the merchandise for customers within the United States and within approximately twenty (20) business days of receipt of the merchandise for customers outside the United States. Please note that once we process a refund, it may take an additional 3-5 business days for your bank or credit card company to process the refund payment and reflect it in your account. Refunds will be credited back to the same payment method used to make the original purchase on the site.
6. WARRANTY:
(a) DIGITAL PRODUCTS
NO WARRANTIES FOR DIGITAL PRODUCTS; DISCLAIMER: THE COURSES AND THE PRODUCTS ARE MADE AVAILABLE FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE OR OTHERWISE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE COURSES OR PRODUCTS ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY FOR USE OR RELIANCE BY YOU OR ANY OTHER PARTY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(b) LIMITED WARRANTY FOR PHYSICAL PRODUCTS
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BASED ON JURISDICTION. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
当協会は、商品適格性および特定目的の適合性を含む全ての黙示の保証について（それらに限定されません）、その期間および救済をこの限定保証の期間に制限します。
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
不良品に関する当協会の責任は、本保証声明書に定める通り、交換または返金に限られます。当協会またはその代理店もしくは従業員が提供する口頭または書面による情報、表明または通知のいずれも、保証の根拠となることはなく、またはいかなる形でも本限定保証の範囲または期間を拡大することはありません。
Who May Use This Warranty?
a. This limited warranty extends only to the original purchaser of Products from the site. It does not extend to any subsequent or other owner or transferee of the Product.
b. What Does This Warranty Cover?
i. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the site.
c. What Does This Warranty Not Cover?
i. This limited warranty does not cover any damages due to
1. 輸送
2. 保管
3. 不適切な使用
4. 取扱説明書に従わない製品の使用
5. 改造
6. AHAが書面で提供または許可していない製品、資料、プロセス、システムまたはその他の事柄の組み合わせ、もしくは使用
7. 通常の使用による摩滅
8. 事故、誤用、その他の行為または事象など、当協会の合理的な制御を超える外的要因
d. What Is the Period of Coverage?
i. This limited warranty starts on the shipment received date for Physical Products or the purchase date for Digital Products and lasts for thirty (30) days, or the “Warranty Period.” The Warranty Period is not extended for replaced warranted Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
e. What Are Your Remedies Under This Warranty?
i. With respect to any defective Products during the Warranty Period, we will, in our sole discretion, either (a) replace such Products free of charge or (b) refund the purchase price of such Products. We will also pay for shipping and handling fees to return the replacement Product to you if we elect to replace the defective Products.
f. How Do You Obtain Warranty Service for Physical Products?
i. To obtain warranty service, contact the Customer Service Department, as listed on the Contact section of the website, during the Warranty Period to obtain a Return Merchandise Authorization (RMA) number. No warranty service will be provided without an RMA number.
7. Compliance With Laws: You agree to comply with all applicable laws and regulations. You may not export or re-export any Product, Content, or any copy or adaptation of such Content.
8. Privacy: The AHA’s Privacy Statement discloses the information we collect about you in connection with your Use of this site and the purchase of Products, courses, or services through this site; how we use such information; the steps we take to secure such information; how you can view and correct such information; and how you can decline to have information about you collected or used. Click here to view the プライバシーに関する声明, which is incorporated herein by reference.
(a) Course Information: In addition to our use of your information as described in the Privacy Statement, we may collect your responses to course questions and other information you transmit in taking courses or using the Products for managing our training courses and to provide you with the appropriate training material and course completion certificate(s). We may also share your information with Third Parties, who are organizations, individuals, instructors, Training Centers, and/or Training Sites that utilize your course(s) as part of their training activities or resellers or distributors of Licenses ("Training Entities"). Once you accept these terms, you agree to our disclosure of this information to designated Training Entities. However, you have the right to withdraw your consent at any time with the understanding that it may affect your ability to receive course documentation or completion certificates if you opt out of information sharing with Training Entities.
(b) You acknowledge and agree that we may use your email address and other contact information to send you administrative messages and status reports.
9. Force Majeure: 当協会による本規約上の義務の不履行あるいは遅延は、かかる不履行または遅延が当協会の合理的な制御を超える事由により生じたものである場合、本規約の不履行もしくは違反とは見なされず、当協会はお客様に対して責任を負わないものとします。たとえば、上記の事由としては以下が挙げられますが、これらに限定されません。すなわち、不可抗力、洪水、火災、地震、爆発、政府機関による行為、戦争、侵略または敵対行為（宣戦布告の有無を問わない）、テロリストの脅威または行為、暴動もしくはその他の社会不安、国家の非常事態、革命、反乱、伝染病、ロックアウト、ストライキまたはその他の労働争議（当協会の従業員に関連するか否かを問わない）、運送業者の業務に影響を及ぼす制限や遅延、十分な、または適切な材料の確保不能あるいは遅延、材料や電気通信設備の故障、もしくは停電。
10. Assignment: お客様は、当協会の事前の書面による同意なしに、本規約上の権利または義務を譲渡したり委任することはできません。事前の書面による同意のない、いかなる譲渡あるいは委任の試みも無効とします。譲渡または委任によって、本規約に定めるお客様の義務が免除されることはありません。
11. No Waivers: 当協会が本規約の権利または条項を行使しない場合であっても、当該の権利や条項を以降放棄するとはみなされません。権利または条項の放棄は、正当な権限を持つ両当事者の代表者が署名する文書において本規約に言及する場合にのみ有効となります。
12. No Third-Party Beneficiaries: 本規約によってお客様以外の人物に権利や救済措置が与えられることはなく、またそのような意図もありません。
13. 通知
(a) To You: We may provide any notice to you under these Terms by (a) sending a message to the email address you provide or (b) by posting to the site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us: To give us notice under these Terms, you must contact us as follows: by overnight courier, registered, certified mail, or other trackable mail services to Attention General Counsel, American Heart Association, 7272 Greenville Ave, Dallas, TX 75231. We may update the address for notices to us by posting a notice on the site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.
14. Severability: 本規約のいずれかの条項が無効、違法または法的強制力がないものであっても、その条項は本規約から分離されたものとみなされ、本規約の他の条項の有効性または強制力には影響しません。
15. Entire Agreement: Our order confirmation, these Terms of Sale, Website Terms of Service, 、 プライバシーに関する声明は、本規約に含まれる事柄に関するお客様と当協会との間の最終的かつ包括的な合意と見なされます。
16. Intellectual Property Rights
(a) 本サイトおよび/または本製品の使用に関連して、有形または無形を問わず、あらゆる形式および媒体で利用可能なすべてのテキスト、グラフィック、画像、ロゴ、アイコン、プログラム、ソフトウェア、コード、データ、スキーマ、コンテンツ、情報、レポートおよび資料、ならびにそれらに含まれる、およびそれらに対するすべての知的財産権（以下、「知的財産」）は、当協会に所有権があるか、当協会のライセンサーまたはサプライヤーが所有しています。本同意書で別途許可されている場合を除き、お客様は知的財産を使用することはできません。お客様は、いかなる方法であれ、知的財産の変更、コピー、複製、再公開、アップロード、投稿、送信、公開、派生物の作成、リバースエンジニアリング、または配布を行うことはできません。本同意書にで明示的に付与されていないすべての権利は、現存するか将来的に発生するかにかかわらず、本同意書において明示的に当協会が留保するものとします。
(b) 当協会は、本同意書のいずれかの条項に違反しているとみなされる情報、データ、テキスト、グラフィック、コンテンツ、またはその他の資料を削除、移動、あるいは編集する無条件の権利（義務ではない）を留保します。当協会は、そのような活動の実施または不実施について、お客様もしくはその他のいかなる人物または事業体に対しても、一切責任を負わないものとします。
17. Dispute Resolution
(a) Invoice Disputes: Buyer shall notify Seller in writing of any dispute with any invoice (along with substantiating documentation) within thirty (30) days from the date of such invoice. Buyer will be deemed to have accepted all invoices for which Seller does not receive timely notification of disputes and shall pay all undisputed amounts due under such invoices within the period set forth in these Terms. The Parties shall seek to resolve all such disputes expeditiously and in good faith. In the event of a dispute related to credit card charges, Buyer may raise a chargeback with the issuing bank; however, Buyer agrees to inform Seller of the chargeback request to allow for resolution between the Parties. Notwithstanding anything to the contrary, Buyer shall continue performing its obligations under these Terms during any such dispute, including, without limitation, Buyer’s obligation to pay all due and undisputed invoice amounts.
18. Indemnification and Liability
(a) Indemnification: You agree to indemnify, defend, and hold harmless the AHA, its vendors, licensees, licensors, agents, employees, officers, directors, or volunteers (the “Indemnitees”) from and against any and all losses, damages, liabilities, fees, and costs, including without limitation attorneys' fees and court costs, which may arise or are incurred by the Indemnitees in connection with any liability, damages, claims, or actions arising from your breach or alleged breach of this Agreement or your use of the Products. No settlement or compromise that may adversely affect the Indemnitee's rights or legally obligate an Indemnitee shall be made or entered into by you without the Indemnitee's prior written approval.
(b) Limitation of Liability: Termination is your sole right and exclusive remedy for any claims or cause of action arising from the courses, the Products, the Website, or your use thereof. Upon termination by you or by us, your right to use the Products shall immediately cease.
(c) UNDER NO CIRCUMSTANCES WILL THE AMERICAN HEART ASSOCIATION, ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT (STRICT LIABILITY OR OTHERWISE), INCLUDING WITHOUT LIMITATION: LOSS OF VALUE, LOSS OF USE, LOST ANTICIPATED PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF GOODWILL OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NEITHER THE AMERICAN HEART ASSOCIATION, NOR ITS VENDORS, LICENSEES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR VOLUNTEERS, SHALL BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR LICENSES, GOODS, SERVICES OR TECHNOLOGY WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM AROSE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE SITE OR THE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
19. Termination: 当協会は、本同意書を終了するか、お客様による本製品の使用の全体または一部について、いつでも独自および絶対的な裁量により、事前の通知なしに、もしくは責任を負うことなく、理由の有無にかかわらず、即座に制限、一時停止、もしくは終了することができます。その場合、当協会が利用できるその他の権利や救済措置、またはお客様が当協会と締結した個別の書面による同意に基づいてお客様が利用できる可能性があるその他の権利や救済措置を制限することはありません。その性質上、本同意書の満了または終了を超えて継続する両当事者の義務および責務は、理由の如何を問わず、本同意の満了または終了後も存続するものとします。
20. Subject Headings: 本契約の項目、段落、副段落の見出しは便宜上、参照目的でのみ記載されており、本契約のいかなる条項の意味、構成、解釈を説明したり、修正、限定、強調または支援するものとはみなされません。
21. Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, without regard to its conflict of laws principles. Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Dallas County, Texas, USA and each party hereby consents to the personal jurisdiction and venue of these courts and waives any jurisdictional, venue, or inconvenient forum objections to such courts.